In 1709 (or was it 1710?) the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all. To contact the 1709 Blog, email Eleonora at eleonorarosati[at]gmail.com

Saturday, 5 August 2017

Former Professional Wrestler Sues Van Morrison for Using his Likeness without Authorization

Billy Two Rivers, a former professional
wrestler, is suing musician Van Morrison and his record label company, claiming
that, by using his likeness on the cover of the upcoming Roll With the Punches album, they infringed his right of publicity,
as protected by New York State’s
statutory right to publicity, New York Civil Rights Law
§§ 50 and 51, and false endorsement under the Trademark act. The case is Two Rivers v.
Morrison, 1-17-cv-05720 (Southern District of New York).

To say that Plaintiff has had an
interesting life is an understatement, as he was a professional wrestler from
1953 to 1977, competing in Canada, the U.S. and abroad. He appeared in ten films
and television programs. After retiring, he was for 20 years a leader of the
Mohawk nation on the Kahnawake reservation, as an elder and a counselor. He is
still recognized as an elder and advisor to the First Nations people. The
British band The Dogs D’Amour named a
song after him in 1988, and Pulitzer Prize-winner Paul Muldoon wrote a poem, “My Father and I and Billy Two Rivers”,
about watching Plaintiff competing in a wrestling match. A British racing horse
was named after him, with Plaintiff’s consent.

Roll
With the Punches will be Van Morrison’s 37th
studio album and is set for release on September 22, 2017. Its cover features a
black and white photo of Plaintiff engaged in a wrestling match. The cover of
the album was used to promote Van Morrison’s tour, and generally to promote the
sale of the album, both online and off-line. Plaintiff claims he did not
authorize the use of this photo for the album cover. The complaint alleges that
he was not even contacted by Defendants.

New York Civil Rights Law § 50, enacted in
1903, makes it a misdemeanor for “[a]
person, firm or corporation [to use] for
advertising purposes, or for the purposes of trade, the name, portrait or
picture of any living person without having first obtained the written consent
of such person, or if a minor of his or her parent or guardian...” We saw
in a former post that the New York Legislature is actively trying to expand the
scope of the law. However, Plaintiff does not need such expansion to file his
suit. If the fact alleged in the complaint can be proven, it is a clear case of
unauthorized use of likeness for commercial purposes.

Plaintiff is asking the court to enjoin any
further use or dissemination of the cover, and to permanently dispose of the
albums already produced. He is also asking the court to award him punitive
damages.The
case just settled out of court.

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